Whose parking space is the community? Should I rent or sell?

Who finally owns the parking spaces in the community? Should I rent or sell? Many problems about parking spaces have repeatedly caused disputes among developers, property owners. A few days ago, it was reported that private cars could not enter the community unless the owners bought parking spaces, which caused many owners to scream. Do community owners have the priority to use parking spaces? Does the residential property have the right to rent or sell parking spaces in the residential area?

To answer these questions, we must first clarify three questions:

First, what is the relationship between developers and properties?

The state advocates the establishment of units according to the standard of separating real estate development from property management, and selects property management enterprises with corresponding qualifications through bidding. But under ideal circumstances, many residential property management enterprises are derived from developers, and there is a widespread "father-son relationship". Knowing this phenomenon, we can understand that in the parking space of the community, under normal circumstances, the property and the developer are the same interest subject. Of course, it is not cleaned. For some reasons, such as the replacement of old and new property management companies, developers and property management companies are contradictory.

Second, how to determine the ownership of parking spaces in residential areas?

According to Article 74 of the Property Law of People's Republic of China (PRC), the parking spaces and garages planned for parking cars in the building area should first meet the needs of the owners. Within the building division, the ownership of planned parking spaces and garages shall be agreed by both parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

3. What are the parking spaces in the community?

Generally speaking, parking spaces are divided into three categories: property parking spaces, shared parking spaces and civil air defense parking spaces.

Property parking spaces mainly refer to public garages built by developers, who independently acquire garage property rights. In this case, developers can ask property companies to rent and sell parking spaces.

Pooled parking space refers to the parking space that has been allocated to the pool area and shared. According to the third paragraph of Article 74 of the Property Law, the parking spaces that occupy roads or other places owned by the owner for parking cars are owned by the owner.

Civil air defense parking spaces are planned parking spaces for civil air defense projects. According to the principle of "whoever invests will benefit" in the legislation of property law and civil air defense law, it can be used by the owner and charged a certain fee according to the agreement on the premise of not hindering the function of civil air defense and meeting the needs of the owner. Developers only have the right to use, no property rights, and can only rent, but the lease period shall not exceed 20 years.

Back to the opening case, does the property have the right to prevent the owner's vehicle from entering the community without parking spaces?

First of all, it depends on the nature of parking spaces in the community. If it is a developer's property parking space, the community owner can set up an owners' committee, and the property can stop negotiating rights protection. If it is a civil air defense parking space, the developer has no property rights and it is illegal to sell the parking space. If it is a shared parking space, the owners of this garage have it, and it is basically impossible to rent or sell it.